O.C. PLATFORM : Why Secrecy in Shooting Probe?

In the early 1970s, my then-supervisor (now Dist. Atty. Mike Capizzi) told me what types of cases were appropriate for the grand jury. It was a very limited and specific category. The Scanlan-Robins’ case didn’t fit those guidelines in any way.

It appears that the D.A.’s investigation had obtained in-depth information from non-hostile witnesses. It seems to reasonably follow that, since the grand jury hearing was not adversarial (Scanlan’s attorney would not be present to cross-examine witnesses), the D.A. didn’t expect any new or startling evidence. Why then didn’t the D.A.’s office just accept its own professional judgment, file a felony complaint and take the matter to preliminary hearing? A judge would then make the decision in an adversarial proceeding. Wouldn’t such a hearing clear the air? Why the secrecy of a grand jury hearing?

By taking the case to the grand jury, the D.A.’s office was able to have its cake and eat it too: After the grand jury refused to return an indictment, the D.A. released the results of its investigation. The grand jury transcripts are sealed. And the public has no way of knowing what the D.A.’s office presented to the grand jury versus the probe evidence that it released to the press. What and how strongly did the D.A. argue for an indictment?

Prosecutors are trained to study and evaluate evidence. As experts, why would they defer their judgment to lay persons on the grand jury? To get the feeling of what a trial jury would do with it? Hardly! A grand jury hearing can in no way be compared to a preliminary one or a jury trial.

The D.A.’s office felt that a charge of involuntary manslaughter was appropriate. So why doesn’t it now file the appropriate charge? Did the case go to the grand jury because the hearing records would be sealed?

The sheriff’s and D.A.’s office postured about a clean investigation. Yet sheriff’s officials sat in on the D.A.’s probe. And the D.A.’s investigator left the room during the questioning of Scanlan and the sheriff’s investigator then questioned Scanlan. Is that what we label an independent probe?

The public has the right to have this case handled like most all felonies are, and to have the many questions cleared. The D.A.’s office should file the charge that it had requested from the grand jury and take the matter to preliminary hearing.